Chandan Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14429 of 2019 Arising Out of PS. Case No.-206 Year-2018 Thana- MASHRAK District- Saran ====================================================== 1.

Chandan Rai, Son of Akalu Rai, Resident of Village- Maharani, P.S.- Mohammadpur, District- Gopalganj 2.

Borra Rai, Son of Mahesh Rai, Resident of Village- Maharani, P.S.- Mohammadpur, District- Gopalganj.

3.

Sohia Devi @ Soniya Devi, Wife of Late Raghu Nath Rai, Resident of Village- Mari, P.S.- Madhuban, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate.

For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-06-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Mashrak P.S. Case No. 206 of 2018, registered under Sections 363 and 366A/34 of the Indian Penal Code. The accusation is of kidnapping the daughter of informant by six persons named in the F.I.R. including the petitioners for the purpose to perform the marriage. Learned counsel for the petitioners submits that it would appear from the F.I.R. that while the occurrence is said to be taken on 24.04.2018 but the F.I.R. has been lodged by the

Patna High Court CR. MISC. No.14429 of 2019(4) dt.18-06-2019 2/2 informant on 21.06.2018 after near about two months. Further submission is that, in fact, there was love affairs in between daughter of the informant and co-accused, Rakesh Rai, who is son of petitioner no. 3 and cousin of petitioner nos. 1 and 2 and due to that reason, petitioners have falsely been implicated in this case and petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 6th Additional Chief Judicial Magistrate Saran at Chapra, in connection with Mashrak P.S. Case No. 206 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T